ULTRA TECH CEMENT LTD versus RAKESH KUMAR SINGH & ANR.
Since recording of evidence at the post-summoning stage had commenced before 01.08.2014, the Metropolitan Magistrate, 11th Court, Calcutta has jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881.
- Parties
- Appellant: Ultra Tech Cement Ltd; Respondent: Rakesh Kumar Singh
- Jurisdiction
- India
- Judgment Date
- 24 April 2015
- Procedural Posture
- Criminal Appeal / Appeal From High Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Negotiable Instruments, Jurisdiction, Section 138 Complaint
Case Brief
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Parties
Ultra Tech Cement Ltd
Appellant
Rakesh Kumar Singh
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Legal Issues
- 1 Whether Metropolitan Magistrate, 11th Court, Calcutta had territorial jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881
Ratio Decidendi
Since recording of evidence at the post-summoning stage had commenced before 01.08.2014, the Metropolitan Magistrate, 11th Court, Calcutta has jurisdiction to entertain the complaint under Section 138 of the Negotiable Instruments Act, 1881.
Court Disposition
Appeal allowed
Orders
- Metropolitan Magistrate, 11th Court, Calcutta shall proceed with the matter as per law
Full Case Text
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